Background

[1] Plaintiff herein claims damages in the amount of R250 000 for an alleged unlawful arrest and detention. In the alternative, plaintiff sues on the basis that the arrest and detention was undertaken maliciously and without probable cause.

[2] It is common cause that the arrest and detention was carried out by a member of the South African Police Services (SAPS) in the employ of the defendant on 15 June 2009. Defendant was subsequently released without having been made to appear in court some two days later on 17 June 2009. It is also common cause that the arresting member was one Warrant Officer Mitchell who was at the time stationed at Mount Road police station, Port Elizabeth.

[3] Defendant pleads that plaintiff was lawfully arrested without warrant in accordance with the provisions of section 40(1)(b) of the Criminal Procedure Act 51 of 1977 based on Mitchell’s reasonable suspicion of the plaintiff having committed an offence contemplated in schedule 1 of the Act, to wit Robbery of a motor vehicle.

[4] The issues that arise for consideration are the following:

(i) Whether the arrest was effected at Korsten Road as stated by plaintiff or at New Brighton Police station as contended by the defendant.

(ii) Whether on the facts, Warrant Officer Mitchell had formed a reasonable suspicion that the plaintiff had committed an offence falling under Schedule 1 of the Act.

(iii) Whether he applied his mind properly in exercising his discretion to arrest the plaintiff.

(iv) If not, then the quantum of plaintiff’s damages occasioned by the arrest and detention.

(v) liability for costs.